High Court declares BBI null and void
The High Court yesterday declared the Building Bridges Initiative pushed by President Uhuru Kenyatta and his handshake brother illegal, null and void.
The landmark ruling by the court stated that President Uhuru Muigai Kenyatta acted in excess of his powers when he initiated the BBI constitutional amendment process.
The five judge bench that gave the shock ruling constituted of Lady Justice Teresia Matheka, Justice George Odunga, Joel Ngugi, Jairus Ngaa and Chacha Mwita.
The judges pointed out at several legal mistakes that President Uhuru made while initiating the BBI process.
“A declaration is hereby made that the president does not have the authority under the constitution to initiate changes to the constitution and that the constitutional amendment can only be initiated by parliament through parliamentary initiative under Article 256 of the constitution or through popular initiative under article 257 of the constitution,” read the ruling.
The ruling also stated that the Independent Electoral Boundaries Commission was not properly constituted to make some of the decisions it made with regards to referendum.
“A permanent injunction is hereby issued retraining the Independent Electoral and Boundaries Commission (IEBC) from undertaking any process required under Article 257 (4) and 257 (5) in respect of the constitution of Kenya Amendment Bill,” ruling further ordered.